TD to keep job despite Kenny fury over letter

Fianna Fáil justice spokesman Niall Collins is to keep his job despite the Taoiseach accusing him of directly intervening in the judicial process by urging a judge to let a drug dealer avoid jail.

Party leader Micheál Martin said that while he did not believe TDs should get involved in criminal proceedings, Mr Collins had acted out of “compassion”.

The Limerick TD said he wrote the letter appealing for leniency to ensure it was known the mother of the guilty man’s four children had taken her own life.

After initially insisting he would not comment on the matter until the drug dealer is sentenced in October, Mr Collins was forced to issue a statement after Taoiseach Enda Kenny intervened in the row.

Mr Kenny hit out at Mr Collins’ actions. “I think this constitutes direct intervention in the administration of justice.

“I think this is an issue where not just a public representative but a shadow minister for justice has written directly to a judge seeking to influence his decision in the administration of justice as the judge sees fit.”

Mr Martin said he had spoken to Mr Collins regarding the matter. “In this case, where there are exceptional circumstances, Niall Collins has not sought to question the validity of the conviction and respects absolutely the independence of the sentencing judge.

“I understand that in this exceptional case, Niall Collins was acting only on the grounds of compassion for four young children who have already lost one parent in tragic circumstances earlier this year.”

Mr Collins said he was not attempting to compromise the independence of the judiciary. “I truly believed that the judge should be made aware of these tragic circumstances so that they could be taken into consideration when sentencing.

“I fully understand and respect the absolute independence of any sentencing judge in making their decision based on the facts put before them during any trial. If my actions suggest anything other than total respect for judicial independence that is a source of genuine regret.”

Mr Collins’ letter was seen by Judge Carroll Moran who was adjudicating on a case at Limerick Circuit Court involving Hugo Porter, aged 40, of St Patrick’s Villas, Castleconnell, who pleaded guilty to possession of cannabis worth more than €17,000.